This document is designed to govern the legal relationship between a handyman (service provider) (or, more likely, a company providing handyman services) and (customers), including both business customers and domestic customers.
COVID-19
The Company (Bruce Handyman) confirms that all necessary communications under COVID-19 lockdown regulations have been communicated the User. The User and the Company are responsible for ensuring that all safety measures are adhered to when engaging using this platform. The User and the Company both agree that they have no COVID-19 symptoms, nobody in the home is self-isolating, and that social distancing will be maintained. By using the Services, the user agrees to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved, specific to the virus and otherwise contained within these terms & conditions. Neither the Company nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any User of the services. The Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.
1. DEFINITIONS
Customer – Shall mean the owner, or occupier of the property at which the work is to be performed, alternatively the owner’s agent who warrants that he is duly authorized to bind the owner in this agreement.
Property – Shall mean the Customer’s property at which the work is to be effected and shall be deemed to be at the address reflected on the face hereof, unless the contrary is stated.
Work – Shall mean all work to be effected in terms of this agreement by Bruce Handyman at the property as specified on the face hereof, it being understood that no additional work shall be deemed to form part of this agreement unless it is specifically recorded in an addendum hereto.
Contract Price – Shall be the amount payable in terms of this agreement as specified on the face hereof in respect of the work to be affected at the property as quoted for in the signed quotation.
Practical Completion – Shall mean the date on which the work has been completed and handed over to the Customer together with Bruce Handyman’s final invoice in respect of the work so completed.
Materials – Shall mean any and all materials, appliances and apparatuses to be installed, or used in the execution of the work.
Equipment – Shall mean such tools and machinery as may be necessary to execute the work.
Charges – Amount billed to the Customer for the services or goods received.
2. AGREEMENT
The Customer agrees that
• this Agreement represents the entire Agreement between the Customer and Bruce Handyman and that any alterations or additions to this Agreement may not be effected unless agreed to by both parties, reduced to writing and signed by the Customer and Bruce Handyman;
• this Agreement will govern all future contractual relationships between the parties, notwithstanding receipt or acknowledgement of the Customer’s own order form or conditions;
• this Agreement is applicable to all existing debts between the parties;
• this Agreement is final and binding and is not subject to any suspensive or resolutive conditions;
• and conflicting terms, conditions or agreements without prejudice to any securities or guarantees held by Bruce Handyman and;
• this Agreement is for services ordered and paid for using this platform. Any additional agreements outside of this platform between the Customer and Bruce Handyman to provide services and goods outside of this platform frees the Company of any warranties and liabilities as regards the additional Services and goods;
• this Agreement applies to all employees of Bruce Handyman.
Notwithstanding the provisions of clause 2 above, all orders or contracts of sale, or agreed variations thereto, whether oral or in writing, shall be binding and subject to this agreement and may not be cancelled by the Customer.
The invalidity of any part of the Agreement shall not affect the validity of any other part.
3. APPOINTMENT
The Customer appoints Bruce Handyman to effect the work at the property and agrees that the terms and conditions as set out herein shall be the Agreement between the parties in respect of the work to be effected.
4. QUOTATION
All quotations will remain valid for a period of fourteen (14) days from the date of the quotation, or until the date of issues of any new price list, whichever occurs first, or unless specified in writing by Bruce Handyman.
Delivery and performance times quoted are estimates and are not binding.
All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by Bruce Handyman, and the prices quoted are subject to any increase in the cost price, including currency fluctuations, to Bruce Handyman before acceptance of the order.
In the event of the Customer disputing the amount of the cost increase in clause 4. above, the said amount may be certified by an independent auditor and such certificate shall be final and binding on the Customer.
All variations to the original quotation accepted by the Customer must be verified with Bruce Handyman and only on receipt in writing from Bruce Handyman will this be accepted as legal and binding.
5. PROVISION OF MATERIALS AND EQUIPMENT
Unless the contrary is specified on the face hereof, Bruce Handyman shall provide all materials and equipment necessary for the proper execution of the work. All materials shall be of the kind and quality as described on the face hereof, alternatively in terms of the architect’s specifications, if applicable Bruce Handyman shall upon the request of the Customer furnish him with vouchers to prove that the materials are of such standard.
Bruce Handyman reserves the right, at its sole discretion, to provide alternative products at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable.
If the Customer supplies any materials, or equipment, and or, accessories to be utilized in the work, Bruce Handyman shall not be responsible for any defects thereto, nor the quality thereof, it being agreed that Bruce Handyman shall accept such materials, and accessories, in the condition in which it is delivered to be utilized in the execution of the work.
Extra costs incurred through the use of defective materials or equipment supplied shall be for the Customer’s account.
All fixed and unfixed materials purchased by Bruce Handyman shall be deemed to be under the control of Bruce Handyman and subject to his lien for payment of any amounts which may become owing in terms of the Agreement. It is recorded that any materials which have been purchased by Bruce Handyman and affixed to the property shall remain the property of Bruce Handyman until payment in full has been made by the Customer.
Once payment in terms of the agreement has been made in full, all materials which have been fixed to the property shall become the sole and exclusive property of the Customer and all unfixed materials shall be removed from the property, the unfixed materials being deemed to be property of Bruce Handyman.
During the execution of the work, the Customer shall take reasonable steps to protect all material on his property from the risk of loss, theft or damage thereto, in Bruce Handyman’s absence. In the event of loss, or theft the Customer agrees to replace such material, at his expense Bruce Handyman shall, during his presence on the property, be responsible for all materials on the property and shall exercise the same caution to protect the Customer’s interests in the material from the risk of loss, theft or damage.
It is recorded that the Customer shall not be entitled to insist on detailed costings in respect of all materials, it being recorded that the work is performed in terms of a fixed cost, as specified on the face hereof, and that the costs of the materials have been factored into such price irrespective of the costs thereof to Bruce Handyman.
6. LAWS, BYLAWS AND REGULATIONS
Bruce Handyman shall comply with any Act of Parliament, regulations and bylaws of any local authority and/or any public service company, or authority relating to the work, as may be applicable and required, provided that if any fees are payable to any statutory body, or similar entity, the costs thereof shall be for the Customer’s account, it being recorded that the contract price stipulated on the face hereof is exclusive of any additional fees, charges, or taxes that may be payable pursuant to this particular clause.
There shall be no obligation upon Bruce Handyman to ensure that the work as directed by the Customer and/or the architect do not encroach on building regulations, or building lines, the Customer, or his agent, being solely responsible to ensure compliance in this regard.
7. EXECUTION OF WORK IN ACCORDANCE WITH AGREEMENT
If the Customer requires any additional work, variations, or alterations from the work as specified on the face hereof, he shall advise Bruce Handyman thereof and Bruce Handyman shall, within Forty-Eight (48) hours, inform the Customer of the cost and time implications occasioned by such a variation. If the Customer accepts the additional costs and time implications, a written acknowledgement specifying the additional costs and time required for purposes of completion of the work, shall be prepared by Bruce Handyman and presented to the Customer for his signature. On an acceptance signature by the Customer, Bruce Handyman shall immediately proceed to give effect to the Customer’s instructions, as varied by the written acknowledgement.
8. ACCESS TO THE WORK SITE
The Customer shall afford Bruce Handyman access to the property to perform the work in accordance with the obligations. In this regard, it is specifically agreed and recorded that Bruce Handyman shall have access to the property from 09h00 to 17h00 from Mondays to Fridays and upon request on Weekends to perform the work and the Customer shall make available, at his cost, the necessary water, sanitary facilities and electricity required by Bruce Handyman to give effect to its obligations in terms of this agreement.
Bruce Handyman shall further, at the same times specified above, have access to any part of the work already completed and handed over to the Customer for occupation as a right of passage through such occupied parts for purposes of reaching the work site on the property.
9. PRACTICAL COMPLETION
On the date of practical completion, Bruce Handyman shall inform the Customer for the work completed on the property. The Customer shall be obliged to accept the work and the final invoice from Bruce Handyman, subject to the Customer’s rights to insist on the repair of any defects that may manifest itself as set out in this agreement.
10. TIME TO COMPLETE WORK
Bruce Handyman shall commence the execution of the work on a date mutually suitable to the parties, and if such date is specified on the face hereof, then on such date as specified.
The work shall be completed within a reasonable period from the date of commencement; it being recorded that the Customer shall have no right in respect of any penalties if the work is not completed within a specified period of time.
11. INDEMNITY
Bruce Handyman indemnifies the Customer against any liability, loss, claim, or proceedings of whatever nature arising in common law, or by statute consequent upon personal injuries to, or the death of any person, or employee of Bruce Handyman arising out of, or in the course, or caused by the execution of the work, unless such loss, injury, or death is due to any act, or commission of the Customer, or his servants, or any agent acting in the interests of the Customer.
Bruce Handyman indemnifies the Customer against any liability, loss, claim, or proceedings consequent upon the loss of, or damage to any moveable, or immovable property arising out of, or in the course of the execution of the work due to any wilful, negligent, or reckless act, or omission by Bruce Handyman, his agents, or employees; provided however that Bruce Handyman shall be entitled to act on any reasonable instructions by the Customer and that the execution of such an instruction shall not lead to any liability in terms of this clause.
Where any loss, or damage is insurable by a policy insuring structural damage, fire, riots, strike, damage and special perils, Bruce Handyman does not indemnify the Customer against such loss of, or damage to any structure being altered, or added, it being deemed that the Customer will have suitable and adequate structural insurance against the risk against losses in this regard.
12. EXCLUSION OF LIABILITY
When any loss occurs as a result of war, invasion, riot, warlike operations, civil unrest, acts of God, or any other act which is beyond Bruce Handyman’s control (vis major), Bruce Handyman shall not be liable for any losses which may result because of such action, notwithstanding any clause herein which may have indemnified the Customer against the risk of damages and/or loss.
13. DELAY IN COMPLETION OF WORK
If the work is delayed by an act of God, vis major, exceptionally inclement weather, or any other cause beyond the reasonable control of Bruce Handyman, Bruce Handyman shall be entitled to an extension for the completion of the work, notwithstanding that the time of completion may have been specified as being of the essence, it being agreed that the time for performance will be extended for such a period as the work may have been interrupted for one of the reasons set out in this clause.
14. SUSPENSION OF WORK
Bruce Handyman shall be entitled to suspend performance of the work in terms of this agreement in the event of:
A breach by the Customer to include, but not be limited to:
• Non-payment of any interim invoice, or amounts on the date on which it may be owing in terms of this agreement.
• The failure by the Customer to supply any material in terms of its obligations that may be reasonably required for the performance of the work by Bruce Handyman.
• The Customer not granting Bruce Handyman access to the work, or any part thereof.
• The Customer not making available any electricity, or water which may be required for purposes of the execution of the work.
• Where the Customer fails to remedy its obligations to enable Bruce Handyman to proceed with the work.
• In the event of Bruce Handyman having to suspend performance of the work in terms of this agreement, Bruce Handyman shall be entitled to immediately: –
• Cancel this agreement and retain all amounts paid.
• Insist on payment of the balance of the contract price as stipulated on the face hereof.
• Remove all unfixed materials from the premises without any compensation to the Customer.
• Remove any machinery and equipment from the premises.
• Exercise his lien in respect of payment for all amounts that may be due and owing in terms of the agreement and without prejudice to any of the above, or other rights Bruce Handyman may have in Law, to lock the Customer out until such payment has been effected.
15. PAYMENT
The Customer understands that the use of services may result in Charges. The Company will receive and/or enable a payment for the applicable charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.
All Charges and payments will be enabled by Bruce Handyman using the preferred payment method designated on the Customer’s account, after which the Customer will receive an invoice by email.
If the Customer account’s primary payment method is determined to be expired, invalid or otherwise not able to be charged, the Customer agrees that Bruce Handyman may use a secondary payment method on your account, if available. Charges paid by the Customer are final and non-refundable.
Bruce Handyman reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time at their discretion. Further, the Customer acknowledges and agrees that Charges applicable in certain geographical areas may increase substantially during times of high demand. Bruce Handyman will use reasonable efforts to inform the Customer of Charges that may apply, provided that the Customer will be responsible for Charges incurred under their account regardless of the Customer’s awareness of such Charges or the amounts thereof.
The customer may elect to cancel a request for Services at any time prior to the commencement of such Services, in which case they may be charged a cancellation fee.
After the Customer has received Services or goods from Bruce Handyman, the Customer will have the opportunity to rate their experience and leave additional feedback.
In all cases, Charges the Customer incurs will be owed and paid to Bruce Handyman.
The Customer understands and agrees that, while they are free to provide additional payment as a gratuity to Bruce Handyman – who provides them with services or goods – the Customer is under no obligation to do so. Gratuities are voluntary.
All charges are billed in South African Rand. Should a foreign debit/credit card be used to pay for any service, the payment is billed in the equivalent of the Rand, converted according to the rate on the day of the transaction.
16. GUARANTEES AND WARRANTIES
Bruce Handyman shall complete the work to the reasonable satisfaction of the Customer according to acceptable standards of workmanship. All work shall be guaranteed against latent defects as a result of defective workmanship for a period of twelve (12) months from date of practical completion. Superficial cracks that may appear as a result of materials drying shall not be regarded as defects. Any claims in respect of defective materials shall be directed by the Customer to the Supplier and Bruce Handyman shall assist in lodging the claim without assuming any liability.
17. CLAIMS
Any defects to the work shall be communicated to Bruce Handyman within seven (7) days from the date of practical completion. Bruce Handyman shall be afforded an opportunity to within fourteen (14) days from receipt of such claim to inspect the defects and/or workmanship which does not meet with the Customer’s approval and;
• If Bruce Handyman is of the view that the work is of acceptable standard, they shall notify the Customer and the Company, in writing, of its findings as well as the reasoning, therefore.
• If the Customer does not accept Bruce Handyman’s findings, the Customer shall be entitled, within a period of fourteen (14) days from the date of notification by Bruce Handyman, to refer the matter to arbitration to resolve the complaint. Bruce Handyman may in their own discretion be entitled to appoint an architect of no less than ten (10) years’ experience in the Building and Construction Industry as an arbitrator. All costs in this instance will be for the Customer’s account.
• If the matter is referred to arbitration, the arbitrator shall be requested to complete his findings within a period of thirty (30) days and his finding shall be final and binding upon both parties.
• If Bruce Handyman is of the view that the work is of unacceptable standard then any defects in the workmanship, Bruce Handyman supplied materials, or damage to the work, or the premises which is as a result of defective material supplied by Bruce Handyman, or inadequate workmanship shall be repaired by Bruce Handyman, within a period of fourteen (14) days, to the reasonable satisfaction of the Customer, at Bruce Handyman’s expense.
• If the Customer does not notify Bruce Handyman within seven (7) days of any defect in the workmanship and material, it shall be deemed to have been completed to the reasonable satisfaction of the Customer and the Customer shall have no further right of recourse against Bruce Handyman in respect of any repairs, or defects.
• If the Customer has a claim as a result of latent defects, he will address such a claim to Bruce Handyman in writing, within the warranty period of twelve (12) months, setting out in detail the nature and extent of the latent defects.
18. GENERAL
This agreement shall be governed in all respects by the Laws of the Republic of South Africa.
The terms and conditions contained herein, read with the nature and extent of the work and the costs reflected on the face hereof, shall constitute the entire agreement and shall not be varied unless same is reduced to writing, duly signed by, or on behalf of Bruce Handyman and the Customer.
The Customer consents in terms of Section 45 of the Magistrate’s Court Act, 32 of 1944, to Bruce Handyman instituting any action, or proceedings for enforcing any of its rights under this agreement in the Magistrate’s Court of any district having competent jurisdiction by virtue of Section 28 of the same Act. The aforesaid shall however not preclude Bruce Handyman from instituting action in any division of the High Court which may exercise competent jurisdiction.
Bruce Handyman shall be entitled to cede and assign any of its rights, or obligations under this agreement to any third party without prior notification to, or any consent of the Customer.
The parties choose their addresses specified on the platform hereof as its addresses for service of all legal process and any notice delivered by hand shall be deemed to be received on the day it is so delivered, alternatively if same is posted by prepaid registered post, then within four (4) days of date of actual posting of the notice.
19. RETURN AND REFUNDS POLICY
All payments are final and non-refundable.
20. PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Bruce Handyman bank account, the details of which will be provided at time of payment.
21. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Bruce Handyman does not store any card details which are entered by the client at time of booking a service on any of our platforms.
22. RESPONSIBILITY
The user agrees to hold Bruce Handyman free from the responsibility for any liability or damage that might arise from all aspects relating to the transaction including services provided from its platforms, customer service, support and dispute resolution.
Neither Bruce Handyman nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any User of the services. Bruce Handyman and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.
23. COUNTRY OF DOMICILE
This website is run by private company based in South Africa: Digigrowth. This website is governed by the laws of South Africa and Bruce Handyman chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.